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32 <br /> <br />Gift Law <br />Excerpts from The League of MN Cities Information Memo: Official Conflict of Interest <br /> <br />I. Ethical responsibilities of local office in Minnesota <br /> <br />Most Minnesotans can run for and hold elected office at the federal, state, or local level. Candidates are not re- <br />quired to pass a civics test, attend mandatory trainings, obtain a particular degree or certification, or otherwise <br />demonstrate their fitness. Nevertheless, election or appointment to public office may impact one’s personal and <br />professional life–perhaps quite significantly. <br /> <br />Some of the most important regulations impacting local governments address the ethical responsibilities of <br />public office–laws that can apply to both elected and appointed city officials. Such safeguards exist to: <br />• Ensure integrity in government. <br />• Protect the city’s and/or the city residents’ interests. <br />• Limit the opportunity for officials to benefit (personally or financially) from public office. <br /> <br />Unfortunately, such regulations are also some of the most misunderstood. City officials —particularly those <br />new to their positions—need to be aware of their responsibilities and the types of prohibited conduct. Various <br />regulations: <br />• Limit an official’s ability to act independently. <br />• Provide the public access to the decision-making process. <br />• Prohibit public officials from accepting gifts. <br />• Prohibit conflicts of interest. <br />• Prohibit officials from holding incompatible offices. <br /> Require public officials to disclose conflicts or economic interests when they do arise. … <br /> <br />While this memo focuses on the general principles behind these various regulations and prohibitions, remem- <br />ber that ethical questions can be difficult to answer. Not all situations fit neatly into current guidelines, so con- <br />duct may not clearly be prohibited, but still seems inappropriate. This appearance of impropriety can be very <br />damaging to a public official’s image (as well as the city’s reputation) and may need to be considered. ….. <br /> <br /> <br /> <br />III. Gifts <br />A “gift” is defined as money, property (real or personal), a service, a loan, the forbearance or forgiveness of <br />debt, or a promise of future employment, given and received without the giver receiving something of equal or <br />greater value in return. <br /> <br />A. General prohibition. Elected and appointed “local officials” may not generally receive a gift from <br />any “interested persons.” ……. <br /> <br />An “interested person” is a person or representative of a person or association that has a direct financial <br />interest in a decision that a local official is authorized to make. <br />An interested person likely includes anyone who may provide goods or services to a city such as engi- <br />neers, attorneys, financial advisers, contractors, and salespersons. But, virtually every resident or person <br />doing business in the city could have a direct financial interested in a decision that an official is author- <br />ized to make. These may include: